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Doug Larsen

California HR

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Waiting Period Penalties Can Come Back To Haunt An Employer

In California, failing to pay an employee all of his/her wages at the time of termination (or within three days in certain circumstances) results in waiting period penalties pursuant to Labor Code section 203.  This penalty, calculated at the employee's daily wage, grows each day the employee is not paid all wages, up to a maximum of 30 days. 

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It Can Happen Anywhere -- Employees Claiming Hostile Work Environment

Perhaps it's karma or even justice.  The LA Daily Journal (a legal newspaper) reported on December 20, 2010, that an investigator who worked for a plaintiff's law firm filed a lawsuit alleging a hostile work environment.  She claims partners made derogatory comments about women, discussed porn at work, and even took some employees to a strip club after the firm's holiday party.  Allegedly, at the strip club, a partner purchased a lap dance for a co-worker about whom the plaintiff had complained.  The partner told him to imaging the dancer was the plaintiff. 

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E-Discovery, The Stray Remarks Doctrine and Reid v. Google

Those of you who attended this morning's Legal Beagle Bagel Breakfast ("LBBB") enjoyed a great training course on the stray remarks doctrine and it's limited use in California courts.  Travis Stokes also discussed the California E-Discovery Rules, and how, between these rules and the court's ruling in Reid v. Google employers must be cautious with e-communications, and also routinely and in good faith destroy email communications. 

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Just when you thought it couldn't get any more strange in CA -- Getting sued for not providing a chair!

Eugina Bright was a cashier at the 99 Cent Only Store.  Turns out she was upset the company did not provide her with a chair.  She claims that the nature of the work reasonably permitted the use of seats.  She complained to the State and notified the employer (undoubtably with the help of a lawyer or union) that a seat should be provided.  The company disagreed and refused to provide that seat. 

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